End of joint tenancy and return of deposit

Agusia1985

Hello,
I need some help regarding the return of deposit. I used to share a house with somebody, we were joint tenants. He moved out and at the end of tenancy I was left alone to do everything - cleaning a three bedroom house with a garden, the whole house was painted, carpets washed. After the checkout it turned out that there is big part of deposit to be returned but the agency is saying it is going to be split between two of us in two equal parts, which I think is very unfair. One more thing, there is one utility bill outstanding and it is in his name only but he told the agency about it and he asked them to take it off my part as well. Of course, the agency cannot do it without my agreement but what is the resolution of this dispute? I cannot come to any agreement with him, have tried a few times.

Pixie5740

Who is named as the lead tenant with the deposit scheme?

Guest101

utility bills are not the LLs or agents problem, they cannot deduct anything for this

Hutch100uk

Is your deposit in the protection scheme? Unless you specified at the beginning that one tenant should receive more of the deposit than the other, not sure you can do anything.

They cannot deduct money for unpaid bills though, see this link:

http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/deductions_from_tenancy_deposits

As for the rest of the deposit being split, its unfair but not much you can do. This is the risk you take when taking a joint tenancy. The same thing happened to me years ago. Split with boyfriend and left the flat. He stayed in it for a couple of months and left it filthy and damaged stuff so I lost my half of the deposit.

You learn by your mistakes.

Agusia1985

There isn't any lead tenant, both names on the tenancy agreement and with the protection scheme.

Agusia1985

My deposit is in the protection scheme. I heard that they cannot take anything for unpaid utility bills but I went through the tenancy agreement and there is a point saying they can😐

molerat

So you will get half the deposit back each as per the contract. A bill in their name is their problem, if the debtor can't find them maybe you could point them in the right direction. As said before, that is the problem with joint tenancies. Just because there is something written into a tenancy agreement does not mean it is enforceable or legal.

Agusia1985

But what if it states so in the tenancy agreement?

Guest101

Agusia1985 wrote: »

My deposit is in the protection scheme. I heard that they cannot take anything for unpaid utility bills but I went through the tenancy agreement and there is a point saying they can😐

They cant. end of.

Hutch100uk

Agusia1985 wrote: »

But what if it states so in the tenancy agreement?

It shouldn't be. Ring Shelter as they are professionals! I've used them myself and are very good and know all the current laws and legislations.

Why would they take money from your deposit to pay a bill that isn't theirs?? How would you even know the bill was paid?

Another estate agent who don't know what they're doing!

fishpond

As has already been said the utility bill is the responsibility of the person named on the bill and no one else, so the ea/letting agents are talking out of their backside (nothing new there).
What else is being taken out of the deposit and what for?